The El Paso Court of Appeals Upholds Granting of Custody Based on the Sex of the Child: Gay v. Gay, 737 S.W.2d 94 (Tex. App—El Paso 1987, writ denied)
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Scrutinizes the El Paso court of appeals decision in Gay v. Gay, in which the court found that consideration of the sex of the child in the granting of custody does not violate the Texas Family Code. After briefly reviewing the history of child custody law in the state of Texas, the author argues that the decision represents a misapplication of law and urges more specificity in the Texas Family Code with respect to the impermissibility of gender-based distinctions in child custody decisions.